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Pubdate: Sun, 21 Feb 2010 Source: Denver Post (CO) Copyright: 2010 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 Author: Vincent Carroll Bookmark: http://www.mapinc.org/people/Chris+Bartkowicz Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.) A PLACE FOR POT GROWERS The e-mail landed in my inbox last Saturday morning, shortly after Coloradans learned of a federal raid in Highlands Ranch on a medical marijuana growing operation. It was a plea from another growera fellow whose operation I'd visited a few days before. "Please don't use my name or our location," my correspondent wrote. "I don't believe it is a good idea to rub what we are doing in the feds' faces." No kidding. Jeffrey Sweetin, the Drug Enforcement Administration's agent in charge of the Denver office, seems to take public declarations by medical marijuana growers as a personal affront. When Chris Bartkowicz invited KUSA-TV to his suburban home and clownishly bragged about how much money he hoped to make from his basement pot garden, Sweetin decided it was time to show Coloradans who was boss. His agents swooped in and arrested Bartkowicz, who has been charged with distributing illegal drugs and could face up to 40 years in a cell. "It's not medicine," Sweetin insisted after the Feb. 12 raid -- except that in Colorado under certain conditions, marijuana is medicine, as declared by voters who put that judgment in their constitution. If Sweetin wishes to sneer at the opinion of a majority of his neighbors, so be it. But federal officials are usually well-advised to disagree respectfully when most law-abiding citizens dispute Washington's imperial wisdom. Sweetin was on a roll, however, and would not bite his tongue. "Technically, every dispensary in the state is in blatant violation of federal law," he said. "The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment." What does he mean, "We find out what their profit is"? What business of Sweetin's is the profit so long as a dispensary sells to patients on the state registry and is able to document as much? Every dispensary that complies with those standards meets the rules laid down by Deputy U.S. Attorney General David Ogden last year when he said federal agents should not target such establishments. If Bartkowicz gets 40 years, or any years, it will be a miscarriage of justice given the selective manner in which the Justice Department has chosen to enforce federal law -- unless, of course, it can be shown he was selling on the black market, too. To add to the travesty, Bartkowicz's days as a grower were almost certainly numbered anyway, since state lawmakers will never authorize large growing/dispensing operations in residential neighborhoods when they decide in upcoming weeks on a regulatory framework. Nor should they. The marijuana growing facility I visited is not in a residential neighborhood. It is in an industrial corridor in Denver, in a building without so much as the tiniest sign to betray its mission. The owner says his landlord, banker and insurer know what he's doing, as does the city itself. "I don't come out of the marijuana culture," he told me. "I come out of the business culture" -- specifically, a privately held real estate firm that was liquidated during the recent housing debacle. "I think marijuana should have a place in our society but it shouldn't be everywhere," he added. He objects, for example, to one of his residential neighbors growing marijuana. "I don't want this guy growing marijuana in his basement near my kids' school. And I do believe the people of Colorado are better off buying marijuana from the likes of me than they are buying it from the Mexican drug cartels or stuff grown in basements around town, by guys like my neighbor." The owner and an employee grow four different varieties at any given time, although they keep on hand a total of 20 strains in the form of "mother plants." The hydroponic gardening method relies upon an infusion of nutrients, bright lights and even a boost of carbon dioxide to enhance the growth rate. So where does this marijuana go? My host brandished a sheaf of papers representing "dozens" of patients for whom he is the official caregiver. And since he isn't permitted to operate a retail dispensary in an industrial zone, he says, he takes the drug to them. If we're going to allow medical marijuana in Colorado, doesn't this sort of growing operation -- efficient, secure and subject to potential inspection by government officials -- make sense? In recent months, I've come to believe that any scheme to regulate medical marijuana ought to ensure that it is produced right here, mainly by serious authorized growers, rather than provided by a mix of local amateurs and blood-soaked kingpins. To be sure, hundreds and maybe thousands of so-called patients are gaming this state's medical marijuana rolls to obtain a recreational drug. That's why lawmakers need to approve regulations that limit (they can't eliminate) the abuse. I've communicated with too many credible patients, however, to meekly accept Sweetin's dictum that marijuana doesn't qualify as medicine. Consider the plight of Cathy Donohue, a former Denver city councilwoman whom I've known for nearly 30 years. Some years ago she had her lumbar disc removed, as well as parts of two others. "I wore an iron and plastic brace for three years and have worn elastic braces with pieces of steel stays in them since then," she tells me. "Over time, the effectiveness of the drugs I was using for pain relief became less effective." A few months ago, her frustration prompted her to apply to the state registry and eventually to try a marijuana tincture, "which is a syrupy liquid," for pain relief. The upshot? "It has lessened my pain so significantly that I pray the legislature will not make it too difficult for people like me to buy it." I realize that the scientific verdict -- as opposed to the verdict by anecdote -- remains out as to the effectiveness of marijuana for pain relief, at least as compared to other, more readily available drugs that don't exist in a legal twilight zone. But so long as suffering patients like Donohue swear by marijuana and prefer the dispensary model of acquiring it, the state ought to find a responsible way to accommodate them. Sweetin, meanwhile, might consider reserving his tough guy talk for genuine threats to public safety. - --- MAP posted-by: Richard Lake